US still withholding key ACTA information

Customs laws could be applied to web traffic to check for pirated material

The US government has been accused of paying lip service to openness over the forthcoming Anti-Counterfeiting Trade Agreement (ACTA).

Last month the government said that it would release data relating to the treaty, which has concerned many as being too overarching and a possible threat to internet freedom.

However, only 36 pages of notes have been released so far, leaving over 1,200 still secret under the guise of national security.

"We are very disappointed with the US Trade Representative [USTR] decision to continue to withhold these documents," said Electronic Frontier Foundation (EFF) senior counsel David Sobel.

"The president promised an open and transparent administration. But in this case and others, we have found that the new guidelines liberalising implementation of the Freedom of Information Act have not changed a thing."

The EFF and public interest group Public Knowledge sued the USTR for details of the ACTA under the Freedom of Information Act.

It appears from the documents released so far that a key focus of the treaty is internet traffic. One suggestion is that customs laws could be brought to bear on internet traffic to check for pirated material.

Media companies and the entertainment industry are pushing for the ACTA to include provisions to force ISPs to monitor web traffic for stolen material, and to adopt a 'three strikes' policy on cutting off users suspected of downloading illegally.

"What we have seen tends to confirm that the substance of ACTA remains a grave concern," said Public Knowledge staff attorney Sherwin Siy.

"The agreement increasingly looks like an attempt by Hollywood and the content industries to perform an end-run around national legislatures and public international forums to advance an aggressive, radical change in the way that copyright and trademark laws are enforced."